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SPEECH 



MR. JAMES GRAHAM, 



OF NORTH CAROLINA, 



ON THE BILL MAKING AN APPROPRIATION TO 



PREVENT AND SUPPRESS INDIAN HOSTILITIES. 



DELIVERED 






IN THE HOUSE OP REPRESENTATIVES 



May 24, 1838. 



WASHINGTON: 

i'RINTfcp BY GALES AND 8EATON. 

1838. 









&n 






SPEECH. 



Mr. Chairman : The bill now under discussion proposes to 
appropriate money to prevent and suppress Indian hostilities. 
This appropriation is asked, not to declare war against the Cher- 
okee Indians, but to prevent and suppress a protracted and 
bloody war by them upon the white settlements in North Caro- 
lina, Tennessee, Alabama, and Georgia. This object meets my 
decided approbation. The volunteers and militia now called 
by the Government into public service for this pacific purpose 
must be supported and paid. A small portion of the Cherokee 
country laps on the southwestern part of North Carolina, and 
lies within the limits of the congressional district which I have 
the honor to represent on this floor. I have no hostile feelings 
to the Cherokee Indians ; my constituents and my State have 
no unkind feelings to them. Since the treaty of Hopewell, in 
the year 1785, down to this day, the State of North Carolina 
has uniformly acted with justice and generosity towards those 
Indians ; and my constituents have respected their rights, and 
dwelt in amicable relations on th-eir frontier borders. The 
treaties of 1817 and 1819, granting reservations of land to cer- 
tain resident Indians, were productive of much confusion and 
some litigation in North Carolina ; still the Indians and their 
council were always well satisfied with the decisions of our 
courts ; for justice is ably and impartially administered in North 
Carolina to all classes and to all colors. About one hundred 
Cherokee Indians, seven or eight years since, voluntarily left 
their tribe, and removed themselves to a white settlement in 
my district ; and I am informed they are temperate, orderly, 
and industrious, and dwell in peace among their white neigh- 



bors. I am farther informed, by late letters, that the Indians are 
now coining from all parts of their nation, and taking refuge in 
my district. I mention these facts to repudiate and repel all 
the unfounded charges of oppression and cruelty that have been 
hatched in sickly sympathy, and conjured up in this debate, so 
far as they relate to me and mine, and to demonstrate that my 
district and State have at all times acted with justice, liberality, 
humanity, and mercy, towards the Cherokee Indians. Some of 
the Cherokees are more civilized and cultivated than any other 
Indians with whom I am acquainted ; still the great body of 
their tribe are cruel, savage Indians ; and God forbid that I 
should ever surrender my country, and forsake the white peo- 
ple for the red race. 

In the year 1835 the Cherokee chiefs sold by treaty all tin ii 
lands east of the Mississippi river to the United States, for 
the gross sum of five millions six hundred thousand dollars, 
($5,600,000,) and agreed, on or before the 23d day of May, 
1838, to remove west of the Mississippi river, to an extensive 
territory allotted to them by different compacts, and embracing, 
by computation, thirteen millions eight hundred thousand acres 
of land. It is now alleged here in debate that this treaty is 
fraudulent and void, and that the appropriation now demanded 
to execute it, and preserve the peace, ought to be withheld or 
suspended until we pronounce that treaty fair or foul, good or 
bad. 

Mr. Chairman, I hold, and now contend, that the constitution 
of the United States has conferred upon the President and 
Senate, alone ami exclusively, the treaty-making power. This 
branch of Congress has nothing to do in making or unmaking 
treaties. This House has the rightful and constitutional power 
over the purse and mom \ of the people ; and, in pursuance of 
that very power, so vested, tin- House, two years since, made 
: 1 1 1 appropriation of five millions six bundled thousand dollars to 
cute and lultil this treaty. Ves, -n. the journal of 1836, 
which is now before mj eyes, proves thai one hundred and 
twenty-five members voted foi the appropriation, while only 
lot t \ thii. could be found to vote sgainsl it. This treaty, there- 
fort, was made and ratified bj the propel parties to whom the 



constitution committed this high trust, and was solemnly ap- 
proved, in appropriating the ways and means for its execution, 
by a large majority of the representatives of the people. It has 
now become the supreme law of the land, and both State and 
individual rights are vested under it. The contract is no lon- 
ger executory, but in part actually executed, and hundreds of 
Indians have received thousands of dollars, and removed to the 
far Western wilderness, under its bountiful provisions. I could 
not if I would, and would not if I could, overthrow and demol- 
ish it. 

The very question involved in this treaty, and at present un- 
der investigation, was solemnly decided by both branches of 
Congress, about two years ago, in a protracted and perplexing 
controversy with France. France then delayed and declined to 
perform her treaty stipulations and obligations with the United 
States. What then did this House say to " the law's delay and 
the insolence of office ?" The answer was unanimous: we will 
stand upon our constitutional rights ; we will not look back, be- 
yond or behind the treaty. The French case is analogous and 
parallel to the Indian case ; it decides it. We cannot noiv look 
back, behind or beyond the Cherokee treaty, solemnly made 
and ratified by the President and Senate. We cannot rightfully 
get over it, under it, or around it, because the constitution has 
erected an impassable barrier between us and the treaty-making 
power. 

Mr. Chairman, although this treaty is a constitutional shield 
in defence of the ground I assume, yet I will proceed, and 
show, I think to the satisfaction of all unprejudiced minds, that 
the Cherokee treaty of 1S35 was fairly made, upon a full con- 
sideration, and ought to be fairly and truly executed ; that a 
more beneficial and liberal treaty was never made with any 
tribe ; and that no real and sincere friend of the Indians should 
wish to see it abrogated, nullified, or violated. Now, sir, to the 
law and to the testimony. The most intelligent and influential 
Cherokee chiefs are quite rich, (the owners of valuable lands 
and slaves,) and they have become so by the frequent receipts 
of annuities and appropriations from the General Government, 
while the great mass of the tribe are poor, very poor, miserable 



6 

creatures. The chiefs and head-men are generally white In- 
dians — not red Indians. By white Indians I mean those who 
have more of the white man's blood in their veins than they 
have of the Indian stock. John Ross, the principal chief, is 
seven parts white, and only one degree Indian. Mr. Chairman, 
are you acquainted with the Indian character and customs? If 
you are, you know they repose implicit confidence in their head- 
men. The law of their nation is the will of their head-men. 
All the treaties of the United States with the Indian tribes have 
been made with their chiefs. The Cherokee Indians have, for 
a number of years, had serious difficulties with the State oi 
Georgia ; and, to add to their misfortunes, they also have had 
bitter internal divisions among themselves. The chiefs and 
tribe have split into two formidable parties. Amidst these diffi- 
culties and dissensions, John Ross and his party, delegates, in 
the year 1835, came to Washington, and offered to sell all the 
Cherokee nation east of the Mississippi river, for the gross and 
lumped sum of twenty millions of dollars. This proposition 
was promptly rejected by the President, (General Jackson,) as 
being too extravagant and enormous, and very far beyond the 
real value of the land. Ross and his associates then addressed a 
note in writing to the President, reminding him kt that he has 
often remarked , / hat he would grant the Indians as liberal terms 
as the Senate, or the friends of the Indians, would be willing to 
alloxo f and he asked that his proposition might be submitted 
by the Preside nl to die Senate, for their sense ami opinion there 
on. In this fishing diplomatic note, Rosa wishes the sense of 
the Senate to he ascertained and pronounced, hut does not pro* 

mise to stand by their judgment. The President and his s, ,• 
retary at Wai perceived tin bail on tin honk, and declined all 
idle children's plaj with this adroit and skilful negotiator. Let 

it be home in mind, that at that tittle the majority ol the Sen etc 

were politically opposed to the President. Ross ami his party 
th-n made another proposition ol -ah- to the President, and ref- 
erence of value to the Senate which 1 will read from their 

own wunls 



Fehruary 28, 1835. 

Sir: Having submitted a proposition for a final adjustment of our 
difficulties with the Government of the United States, and understand- 
ing that the President deems it too extravagant, we must beg that the 
subject be referred to the Senate, for its sense on the question, the Presi- 
dent having often told us that he was disposed to treat us with liberal 
justice, and that he would go as far as the Senate would allow him in 
regard to money matters. 

We therefore trust he will adopt this course. Being extremely de- 
sirous that this unhappy controversy might be speedily adjusted, and 
deeply sensible of our dependent condition, and confiding in the liberal 
justice of the United States Government, we are prepared, so far as we 
are concerned, to abide the award of the sense of the American Senate 
upon our proposition, and to recommend the same for the final determi- 
nation of our nation. 

We have the honor to be, sir, very respectfully, your obedient, hum- 
ble servants, 

JOHN ROSS, 

R. TAYLOR, 
DAN'L McCOY, 
SAM'L GUNTER S 
WM. RODGERS. 
To the Hon. Lewis Cass, 

Secretary at War. 

The Secretary at War (Gov. Cass) answered the letter 1 have 

just read, as follows : 

Department of War, March 6, 1835. 

Gentlemen l In your letter of the 28th ultimo, you stated your 
readiness to accept for yourselves, and to recommend to the Cherokee 
people to accept, such sum for their claims east of the Mississippi m« 
as the Senate of the United States might deem just. The Senate have, 
by a resolution, stated, as their opinion, that « a sum not exceeding five 
millions of dollars should be paid to the Cherokee Indians for all their 
lands and possessions east of the Mississippi river." 

The President wishes now, as he has always done heretofore, to treat 
with you in a spirit of candor as well as liberality. He has therefore, 
directed me to communicate to you, at once, the resol.it.on of the Sen- 
ate, and to state his willingness to enter into a negotiation with you for 
the cession of all your claims east of the Mississippi, upon cond.uoa 



8 

fhat the whole amount of the consideration to be given shall not exceecF 
the above-mentioned sum. This you were before informed should be 
done, and the pledge will be redeemed with fidelity. 

I am now ready to receive your propositions concerning the various 
stipulations \o be imbodied in a treaty for the protection of private 
rights, and for such arrangements as may be necessary for the removal 
and re-establishment of your people. 

Very, <fcc. LEWIS CASS. 

Messrs. John Ross, 
R. Taylor, 
Dan'l McCoy, 
Sam'l Gunter, 
Wm. Rodgers. 

Now, Mr. Chairman, here is a proposition, on behalf of Ross- 
and his party, so far as they were concerned, to abide the award 
of the American Senate in relation to the value of the Cherokee 
country; the President directly acceded to that proposition, and 
communicated the matter in dispute to the Senate, and referred 
the value of the la7id entirely to that enlightened body. They 
took the subject under consideration, and decided and declared, 
by resolution, as their opinion, that a sum not exceeding liv< 
millions of dollars should be paid to the Cherokee Indians for 
all their lands and possessions east of the Mississippi river. 
Ross and his party further agreed and undertook to recommend 
to their nation to make a treaty for such sum as the Senate'^ 
award should fix and designate. Il'ic is a fair contract, (dicta- 
ted by Ross himself,) founded on a high and heaping price 
Now, how has this promise been pet formed - How has (hi.- 
eontracf been executed \ The President, through bif Secretary, 
immediately notified RoSfl and his party that he was ready to 
negotiate the treaty lor the aggregate sum of five millions of 
dollars, to be in full for thr .utile eessioi Dill the application 
<>l the money would be rack as the ehiefa desire, a jtisf regard 
brum had to individual rights. Jbbn l.'oss, learning that li\. 
millions, and not twenty millions of dollars, had been fixed and 
awarded, as the consideration ol bargain and sale, suggested 
manj excuses, and pretended thai the expenses and costs ol 
pi moval, subsistence, and so forth, were to be added, over and 



above the Jive millions ; and that he must return directly to the 
Cherokee nation, to arrange and adjust all the details and speci- 
fications, and take the sense of the Indians, before he proceeded 
to consummate the treaty. He left this city, and went home ; 
not to recommend, but to oppose, the treaty, on the basis and 
value pronounced by the Senate ; and he has opposed it from 
that time to this day, and used and exerted all his power and 
influence to defeat it. He procured a great meeting in council 
among the Indians, at Red Clay, and prevailed upon them (both 
the Ridge party and the Ross party) to co-operate and unite in 
rejecting the treaty he had solemnly promised to recommend for 
their adoption. He then had eighteen commissioners nominated 
and appointed, (nine from each party,) invested u with full 
power from the Cherokee people, in general council assembled, 
to make such treaty as may appear to them best calculated to 
insure the present peace and future prosperity of that country.' 1 ' 
Here was absolute power conferred and vested in both parties 
to sell the Cherokee lands and execute a treaty. The President 
sent commissioners into the Cherokee country to conclude and 
consummate the treaty, according to the Senate's award. The 
rival chiefs soon terminated their amicable relations and harmo- 
nious action, and were again torn asunder, and stood in hostile 
opposition to each other. You will hold in remembrance, when 
Ross was in Washington, he pretended he could not negotiate 
the terms and details of the treaty there, because he wanted all 
specifications settled and arranged in the nation, for the satisfac- 
tion of the Indians; and when the commissioners went into the 
Indian nation, and announced the object of their mission, then 
he endeavored to evade and give the go-by to the whole subject, 
by informing the commissioners he could not negotiate and make 
a treaty there, in the Indian nation ; but he would go back to 
Washington and consummate the whole business. Thus, you 
perceive, Indian diplomacy bears the likeness and similitude of 
Reynard, who, when closely pursued, in his doublings and wind- 
ings, strives hard to take the back track, and return to the pl.u • 
where the chase began. The Ridge party, who were sincerely 
desirous to sell and remove, saw and knew this double dealing 
and talking with a forked tongue must ultimately sacrifice the 



10 

great body of the Cherokee people, and they refused to accom- 
pany Ross and his party to Washington ; and they resolved to 
make a treaty on the best terms they could with the United 
States commissioners, then in the nation for that purpose. In 
this unhappy internal division and distraction of councils and 
chiefs, John Ross and his delegation came off to Washington, 
while Ridge and his party (who were rendered by the nation 
coequal with the Ross party in all powers to sell) remained in 
their country, and concluded the treaty of New Echota, (or, in 
English, the City of Refuge,) on the 29th day of December, 
1835, on the basis of five millions of dollars, as awarded by the 
Senate, and six hundred thousand dollars more, to be given and 
paid for removal and subsistence west of the Mississippi river. 
The six hundred thousand dollar provision was conditional, and 
dependent on the subsequent approbation of the Senate. This 
treaty was signed generally by the Ridge party, and by William 
Rodgers, one of the Ross delegates, who agreed to abide the 
award of the Senate ; and he faithfully redeemed that pledge. 
The treaty of New Echota was sent by the President to the 
Senate, who knew the whole history of this matter, from begin- 
ning to end, and they approved and ratified it. 

Now, Mr. Chairman, I have shown you that Ridge and his 
party were equally authorized by the tribe with Ross to make a 
treaty ; and they did actually execute one, for six hundred thou- 
sand dollars more than the Senate (as referees) said the country 
was worth ; and still Ross refused to sign it. Here you perceive 
this treaty was indeed signed by one party, (the Ridge party ;) 
and it was solemnly agreed, in writing, to bo signed by the 
other party, (the Ross party.) When the Senate of the United 
States advised and consented to the ratification ol this treaty, 
they acted upon the well-known ami Long-established principles 
<>l a court of equity, so far as John Ross ami htfl party were 
concerned. " Those ulm ask equity must first do equity." 
" The court will consider that done which ought to have been 
done." That Ross and his delegates, having expiessh given 
their assent by previous submission and award, were bound in 
conscience to abide by and execute the tnaty A chancellor, 
upon those fact9, adduced and attested in | court of equity, 



11 

would have directed and decreed a specific performance of the 
original agreement, and compelled Ross to execute the contract 
according to the Senate's award. 

The advocates and apologists of John Ross charge fraud in 
the execution of this treaty. Speculation, declamation, and 
denunciation, have each exhausted their vocabulary of hard 
words and harsh names, to stamp and brand this whole transac- 
tion with iniquity and infamy ; but hard words are not strong 
arguments. Now, gentlemen, where is the bad faith ? Where 
is the foul fraud ? There is none on the part of the United 
States. Can John Ross, the complainant, who seems to excite 
and enlist the tender sympathies of so many honorable members 
of Congress, say as much, and say it truly ? No, sir ; no. His 
word is not equal to his bond : his written promise is not equiv- 
alent to a treaty ; and yet he imputes fraud to others : to the 
President and Senate of the United States. For doing what ? 
For acceding to his own proposition. He is estopped by his 
own act to make this allegation. He is condemned out of his 
own mouth, and that condemnation is written and recorded by 
his own hand and pen. He is like an eagle, shot by an arrow 
feathered from his own wing. This wily chieftain must not be 
permitted to play the game of fast and loose at his pleasure. 
Heads, he wins ; tails, we lose. Twenty millions, he's fast ; five 
millions, and he aint there. 

Mr. Chairman, this treaty is fair and valid, and was made ac- 
cording to the long-established usage of treating with Indian 
chiefs. The amount of money (five millions six hundred thou- 
sand dollars) paid for the lands, possessions, and removal, is a 
very high and heaping price ; and I do believe it is more than 
the country is actually worth. It was liberally bestowed and 
awarded by the Senate, supposing at the time it would make 
abundant satisfaction for the land and all injuries committed. 
This treaty not only rests upon a large and very liberal pecuniary 
consideration, but is founded on a most humane and benevo- 
lent policy and philanthropy. The history and experience of 
every State in this Union abundantly prove that the white man 
and the red man cannot dwell together in peace, tranquillity, and 
equality. The Cherokee Indians are now surrounded by a dense 



1: 

white population. Then hunting ground is abandoned. Their 
game is gone. They cannot convert the tomahawk into the 
ploughshare, nor the scalping-knife into the pruning-hook. 
Their home is in the wilderness ; their delight is in the chase. 
Civilization and refinement paralyzes and destroys all their 
faculties and energies. Some wild animals never can be ren- 
dered tame. You cannot change the order of nature. You 
might as well expect the red man to change the color of his 
skin as his habits and pursuits. The Indian on the white 
frontier is a degraded, desponding, and forlorn creature. He 
learns the vices, not the virtues, of civilized society. He is 
cheated by speculators, swindlers, and Sbylocks. He is often 
ielt only with his blanket, his bow, and his arrow. The buffalo, 
the bear, the deer, and other noble game, which conatitute the 
chief food of nature's noblemen in their aboriginal condition, 
have all fled from the sound of the woodman's axe, toward the 
Rocky Mountains. Why, then, not advise and assist the children 
of the wilderness to remove to a new wild country, suited to 
(heir wants and conditions of life ? And there let them remain, 
in the full enjoyment and contentment of their own hunting 
grounds and game, unmolested by the curiosity of Yankees, and 
undisturbed by the cupidity of speculators. 1£es, sir, 1 would 
build up on the Western frontier a Chinese wall, by Congres- 
sional enactments, between the white and the red man, that (he 
Indians might forever live there in security and peace. 

The policy of the United States in ;< moi ing and locating .ill 
the Indians west of the Mississippi river is a wi.se, and humane, 
tnd life-preserving policy. It had its origin with the lofty 
-mi n and enlightened philanthropists of by-gone days, and 
w.i intended lo save and rescue the, Indian tribes from exter- 
mination and annihilation. In the thick forests and flowerj 
prairies ol the Western wilds th< ii hearts will leapfoi joy in the 
< until > exercises of the hunter's life. There they will roan ovei 
nature's gardens and pme streams, contented and bappy in the 
pursuit of theii own chosen pleasures, unannoyed by the frauds 
<il the frontier, and uncorrupted by tin vices oJ the pioneer. 
It has been said in this debate, by way oi censuring the Govern- 
ment for its policy. If the Indians are removed and congre- 



F? i.?.n 



13 

gated on the Western frontier, they will unite and wage war 
upon the United States, and devastate and depopulate the States 
of Arkansas and Missouri. Is this view of the case founded in 
fancy or in fact? Is it not a fancy sketch, which exists only in a 
diseased state of the imagination ? How can fifteen or sixteen 
different tribes, scattered in the wilderness from Texas to Canada, 
and speaking different languages, having different habits, cus- 
toms, and interests, unite and co-operate in one common war 
against the white people ? It is certainly not within the range 
of probabilities ; and it requires some effort and stretch of imagi- 
nation to bring it in the neighborhood of possibilities. We might 
as well expect all the nations of Europe to unite and declare 
war upon us. The Indians will have wars with each other; and 
they may, and occasionally will, have wars with us ; but, in the 
nature of nations and individuals, there can be no concerted and 
united action of the various tribes to make hostile movements 
upon the white people. 

Mr. Chairman, the message of the President of the United 
States, and the accompanying communication of his Secretary 
at War, just received by this House, and proposing in effect to 
give the Cherokee Indians hoo years longer for removal, meets 
my reprobation and decided condemnation. It is indiscreet, 
unwise, and ill-timed ; it is a giving way in the very hour and 
trial of danger. What, sir, after the President and his Secre- 
tary have ordered and sent General Scott and six or seven thou- 
sand troops into the Cherokee country, to preserve the peace 
and remove the Indians ; after the militia are all gone, and most 
enormous expenses incurred, and every thing ready for remo- 
val ; then (on the very day before this treaty is to be executed) 
comes this unfortunate and most unwelcome message, proposing 
and pledging himself to use and exert his influence to give two 
years longer for removal. If we have any Cherokee war, it 
will be justly attributable to this ill-timed and timid message of 
the President, and to the indiscreet speeches of members on 
this floor, in their blind devotion to John Ross and his party, 
while they are forgetful of the rights and true interests of the 
great body of the Cherokee Indians. 

Mr. Chairman, the plain and patriotic people whom I have 



14 

the honor to represent, entertain no fears from the Cherokees , 
but they do dread and deprecate the necessity of killing the In- 
dians. They hope most sincerely tint the wise counsels of hu 
mane legislators, under the dispensation of a merciful Provi 
dence, will avert this melancholy catastrophe and painful duty- 
But, sir, if the Indians once shed the white man's blood, and 
commence hostilities, then the die is cast, and the scene is 
changed ; then the eagle-eyed and lion-hearted men of the moun- 
tains in North Carolina will snatch their rifles from the rack 
over the mansion door, and go forth in defence of their homes 
and hearths, their wives and children, and exterminate the re- 
vengeful savage Indian, and leave not one behind to tell the 
tale of wo. Sir, this is a critical juncture among the Chero- 
kees ; the flash of one rifle may set that whole frontier in a 
blaze. This momentous crisis and unfortunate situation of the 
great mass of the Cherokee people, who have been deluded and 
deserted by some of their chiefs in this their day of affliction 
and distress, entitles them to the kind feelings and practical 
philanthropy of every one whose generous heart throbs for 
peace on earth and good will toward all mankind. Those who 
oppose this treaty, and induce the Indians to believe they can 
remain where they are, know not the mischief and murder they 
may cause to be committed. The opposition to this measure, 
though dictated by good intentions, is predicated upon irrele- 
vant evidence and mistaken views of fact ; upon a total absence 
and want of a familiar and piactical acquaintance with Indian 
customs and character. Those who feed upon the day-dream- 
of fancy, and delight to spin cobweb theories into the most at- 
tenuated abstractions, maj make a show of charity, sympathy, 
ind humanity, but they never will administer to the real com- 
i,,ii and true happiness »>i the human rat e 

Sir i trulj and anxiously desire thai the officers and agents, 

whom the Government have selected and intrusted to perform 

this delicate and difficult task <>i removing tl>< ( b< rokee Indian.-, 

do Mi. ii <lui\ in mildm h and mercy, and pn veni the land 

, | , nth acquired bj treat) from being crimsoned with crime 

md drenched with blood 






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